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View AmendmentCurrent Amendment: 20MW2.docx to Bill 20
Senator HUTTO proposed the following amendment (20MW2):
Amend the committee report, as and if amended, SECTION 5, Section 17-13-170, page [20-5] by striking lines 25-42, continued to page [20-6] lines 1-19 and inserting the following:
/ (C)(1) If the person does not meet the presumption established pursuant to subsection (B), the law enforcement officer shall verify the person's lawful presence in the United States with United States Immigration and Customs Enforcement. Any person who is arrested shall have the person's immigration status determined before the person is released.
(2) If United States Immigration and Customs Enforcement verifies that the person is lawfully present in the United States, the officer may not further stop, detain, or investigate the person based solely on the person's lawful presence in the United States.
(3) If United States immigration and Customs Enforcement determines that the person is unlawfully present in the United States, the officer shall determine in cooperation with United States Immigration and Customs Enforcement whether the officer shall retain custody of the person or whether United States Immigration and Customs Enforcement shall assume custody of the person. The officer may securely transport the person to a federal facility in this State or to any other point of transfer into federal custody that is outside of the officer's jurisdiction. The officer shall obtain judicial authorization before securely transporting a person to a point of transfer that is outside of this State.
(4) If, after making a reasonable attempt, the officer is unable to contact United States Immigration and Customs Enforcement to determine if the person who is stopped, detained or investigated, is lawfully present in the United States, the officer may not further stop, detain, or investigate the person based solely on the person's lawful presence in the United States. The officer shall stop, detain, or investigate the person only for a reasonable time as allowed by law. /